MANOJ DUBEY Vs. ELECTION COMMISSION OF INDIA

JUDGEMENT

(1.) In all these four aforementioned writ petitions, since similar questions are involved, with the consent of the parties, they are taken up together and are being disposed of by a common judgment and order.

(2.) The short controversy involved in these petitions is whether the Election Commission is entitled to prescribe alternative mode of identification for the electors apart from that provided under the Registration of Electors Rules, 1960 and Conduct of Elections Rules, 1961. Rule 28 of the Registration of Electors Rules, 1960 reads as under: "28. Identity cards for electors in notified constituencies-

(3.) The said Rule is intended to prevent impersonation of electors and facilitating their identification at the time of poll. The proviso of said rule also mentions that in the event the elector refuses or evades to have his photograph taken, or cannot be found at his residence by the official photographer in spite of repeated attempts, in that event a note of such refusal or evasion or that the elector could not be found at his residence in spite of repeated attempts, the same shall be made in the copy of the roll maintained by the Registration Officer and a note to that effect shall also be made in the electoral roll.